Role and functions of Legal Personnel

1. ATTORNEY GENERAL

According to s. 79 of the Jamaican constitution “there shall be an Attorney-General who shall be the principal legal
advisor to the Government of Jamaica.

2. JUDGES

The judges’ position is enshrined in Chapter VII of the Jamaican constitution. This Chapter deals with The Judicature.
Essentially, the role of judges is to interpret and uphold the law.
The law is laid down in statutes by Parliament. The common law is judge-made law.

Judicial Review
It is also the role of the judges to act as a check on the misuse of power usually through judicial review.

Sole arbiters of law

Whereas the jury is the sole arbiter of fact the judge is the sole arbiter of law. Except when he/she sits alone, that is
almost always in civil cases.
As judges: they interpret law and thereby give effect to Parliament's will.

Creating common law: judges are exclusively responsible for the law of equity. Many areas of law have little
Parliamentary involvement, the law of contract is an example of this, although Parliament has passed some legislation
affecting privity and the effect of minors' contracts.
Higher courts
In the higher courts (Court of Appeal and Privy Council) the role of the judge is almost exclusively to decide points of
law.

This is not the same in the High Court, which is a court of first instance for much of its work.

When hearing an appeal the judges do not concern themselves with the facts of the case, as they do not rehear the
evidence from witness and rely on the report from the judge "below".

Sentencing
Judges play a particularly important role in sentencing. In the Crown Court a judge may be asked to correct a
sentence imposed by magistrates.
After a trial in the Crown Court the judge is solely responsible for the sentence.

Appeals against sentence take up a very large amount of time in the Court of Appeal. They can be asked to change a
sentence by the defendant, or by the prosecution.
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The defendant can appeal on the grounds that his sentence is harsh, and the prosecution can appeal on the basis that the
sentence imposed was “unduly lenient”
Public inquiries

Judges as coroners
To undertake the inquest into the death of a citizen.

3. REGISTRARS

The Registry

The Registry of the Court of Appeal is the office in which documents related to applications and appeals to the Court,
pursuant to the relevant statutes and the Court of Appeal Rules, are filed. The Registrar of the Court of Appeal,
assisted by the Deputy Registrar, oversees the functions of the Registry.

The Registrar is required to be a member of the Bar of Jamaica, England or Northern Ireland or of the Faculty of
Advocates of Scotland, or a Solicitor of the Supreme Court of Jamaica or of the Supreme Court of Judicature of
England, Scotland or Northern Ireland or a Writer to the Signet of Scotland.

The Registrar performs such duties as shall be necessary for the due conduct and discharge of the business of the Court
and as the President of the Court shall direct. The Registrar is required to take all necessary steps for obtaining a
hearing of any appeals or applications, and shall obtain and lay before the Court of Appeal in proper form all
documents, exhibits and other things relating to the proceedings in the court before which the case, or the appellant or
applicant, was tried which appear necessary for the proper determination of the appeal or application.

The Registrar is responsible for the recruitment, promotion and discipline of support staff members.

It is the duty of the Registrar " to take all necessary steps for obtaining a hearing [under the Act] of all appeals and
applications made to the court and to obtain and lay before the court in proper form all documents, exhibits and other
things relating to the proceedings in respect of which the appeal or application has been brought and which appear
necessary for the determination thereof by the court.

4. PROSECUTORS

The prosecution mechanism has two primary functions: maintaining the rule of law and upholding fair trial. These
functions must be undertaken with complete independence and accountability, based solely upon legal principles.

Maintaining rule of law

Prosecutors are responsible for the enforcement of all existing law, as well as proposing new laws or amending old
ones when necessary. If the law defines crimes but persons who violate that law are not prosecuted, then the law itself
has no meaning. Equality before the law and equal treatment by the law is one of the root principles of international
law and prosecutors must ensure it is upheld--all those who violate the law must be held accountable, be they police
officers, government officials or ordinary citizens, just as all those who seek redress before the law must be treated
equally.

For prosecution to occur there must be competent officers with legal power to prosecute. This legal power should be
combined with actual facilities for conducting such prosecutions. However, the role of the prosecutors in maintaining

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the rule of law goes further than just the prosecution--they are responsible for maintaining the rule of law from the time
of investigation to the time of conviction or acquittal.

This maintenance must be done without influence from the executive government, the judiciary or the police. The
prosecution must make its own decisions guided only by the law and it must also ensure that other justice mechanisms
are doing the same.

Upholding fair trial

Fair trial is not only a basic human right recognized under international law, but also essential for the effective
prosecution of human rights violations, the punishment of the perpetrators and the delivery of justice to the victims.
The principle of fair trial encompasses all that is related to a fair trial before the trial in court actually occurs, such as
the investigation of the crime and the collecting of evidence. It comprises positive and negative obligations. The
positive aspect involves ensuring that all investigations into crimes and complaints are carried out properly, the
necessary indictments filed and cases prosecuted according to the law. The negative aspect involves not implicating
individuals without sufficient cause, not allowing cases to proceed in court without sufficient evidence and eliminating
any abuse of power within the prosecution mechanism.

Pre-trial; investigation

Prosecutors shall perform an active role in criminal proceedings, including institution of prosecution and, where
authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these
investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of
the public interest.

Investigations are a crucial part of the prosecutor's duty. Without investigations, there cannot be adequate collection of
evidence and naming of suspects. Furthermore, given the dire situation of the police investigations in the majority of
Asian countries, it is imperative that the prosecution conduct their own impartial investigations, and supervise those
conducted by the police. These must include post mortem examinations and forensic science inquiries as well as
speaking to witnesses and having access to all relevant documents.

Though the function of criminal investigation and the function of prosecutions are different and should be independent
from each other, there is still a significant link between the two. Any prosecution based on faulty investigations will
most likely fail due to a lack of evidence; investigators can sabotage prosecutions either due to their ignorance and
neglect or due to deliberate acts in not collecting available evidence. Thus, prosecutors should have legal capacity to
review evidence and to direct the investigations in some manner so as to prevent faulty investigations.

Based on these investigations, it is the job of the prosecutor to file indictments or direct the police to do so. Following
this is the prosecution of the case itself. It is important to ensure that the investigation, indictment and prosecution all
occur in the shortest time possible; delays in any of these amount to a delay in justice and further violation of victims'
rights.

The criminal investigators also have the ability to fabricate cases. In such instances, prosecutors have the duty to probe
the evidence and to guarantee the basic rights of people by preventing such fabricated cases, as mentioned in guideline
14. In the context of countries where there are very grave abuses by the investigators, who are in fact policemen, this
function of the prosecutors can prevent severe miscarriages of justice and pain caused to innocent citizens. The
prosecutors have also the duty to be fair to those who they prosecute. All norms and rules relating to fairness and the
rights of the accused persons should be adhered to.

It is very important for prosecutors to check police investigations and ensure no illegal methods are being used,
particularly torture. Guideline 16 emphasizes that if prosecutors come across information that torture or other illegal
practices have been used to procure evidence, they must disallow the use of such evidence, inform the court and take

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action against the perpetrators. Article 14(3)(g) of the ICCPR further states that no one shall be compelled to testify
against themselves or to confess to guilt.

Trial

The principle of the presumption of innocence is an essential one in the fight for justice. Article 14(2) of the ICCPR
states that "everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty
according to law". While this principle is predominant during the trial itself, it must also be upheld in the pre-trial
stages. The principle of innocence means that

the burden of proof of the charge is on the prosecution and the accused has the benefit of the doubt. No guilt can be
presumed until the charge has been proved beyond reasonable doubt. Further, the presumption of innocence implies a
right to be treated in accordance with this principle. It is, therefore, a duty for all public authorities to refrain from
prejudging the outcome of a trial.

The principle of innocence, as well as all other principles involved in ensuring due process of law during the trial stage
must be upheld by the prosecutor, who is bound to maintain the rule of law. This responsibility to the law also means
that the prosecutor should not strive for a conviction; while a case should be firmly and fairly presented, there must be
some restraint in how it is advanced. This is because the prosecutor is the representative not of any ordinary party to a
controversy, but of a state. The state's obligation to govern impartially is as compelling as its obligation to govern at
all, and therefore, its interest in a criminal prosecution must be that justice is done, not that it shall win a case.

During the trial, the prosecution must also ensure that if the accused are being detained, their conditions of detention
are not in violation of international or domestic law.

Similarly, the prosecution should also take the responsibility of providing adequate protection to witnesses and
complainants. Witness testimony is usually essential in successful prosecutions, particularly in human rights violations.
A lack of protection will undoubtedly affect whether witnesses will come forward or not to testify and ensure the
successful prosecution of the perpetrators; the conviction rate in Sri Lanka is a mere four per cent, largely due to the
failure of witnesses to appear in court. Furthermore, when the prosecution is made aware of the fact that witnesses and
complainants have been threatened, it must take effective action against the perpetrators.

B. Relationships with law enforcement and accused

In order to ensure the fairness and effectiveness of prosecution, prosecutors shall strive to cooperate with the police,
the courts, the legal profession, public defenders and other government agencies or institutions.

The unique position of the prosecutor within the criminal justice system necessitates a working relationship with other
parts of the system; the better the relationship, the better the working of the system as a whole. However, it is crucial to
note here that all these relationships must be based solely on legal principles. The purpose of the relationships is to
pursue justice, which must be foremost in the mind of the prosecutor.

Law enforcement agencies

With regards to the police, it is important for the prosecution to have a relationship with them to ensure cooperation
and collaboration, as mentioned above, regarding criminal investigations. However, such a relationship will also
reduce the likelihood of police errors as well as ensure that as soon as the police receive any complaints or begin
investigations, they inform the prosecution department or seek their advice. Regardless of the relationship though, it is

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the role of the prosecution to ensure that the police are working within the confines of the law and that due process is
being followed.

When it comes to the courts, guideline 10 states that "the office of prosecutors shall be strictly separated from judicial
functions." This is to ensure the independence and impartiality of the prosecution mechanism, which must however,
inform the courts of all relevant matters. While it is the court that must ultimately decide on the outcome of a case, it
can only do so based on the case in front of it; this will largely depend upon the work of the prosecution. Furthermore,
it is the responsibility of the prosecutor to keep the court informed regarding violations committed by the police or
others during the course of the case.

Accused

As mentioned in section A, the law provides for many rights for those accused of crimes. It is the prosecutor's duty to
ensure that these rights are protected. However, again, the prosecutor must also remember that he is a public official,
and as such must undertake his duty impartially, with a view to obtaining justice.

5. BALIFFS

An individual who is entrusted with some authority, care, guardianship, or jurisdiction over designated persons or
property. One who acts in a managerial or ministerial capacity or takes care of land, goods, and chattels of another in
order to make the best profit for the owner. A minor officer of a court serving primarily as a messenger or usher. A
low-level court official or sheriff's deputy whose duty is to preserve and protect orderly conduct in court proceedings.

The roles of a Bailiff are the protection of the Judge, monitoring the jury, courtroom security, and to carry out the
orders of the court.

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